Spouses with prenuptial agreements can often avoid messy divorces. They do not need to negotiate every detail of their divorce settlement or litigate. The terms that they previously set regarding the division of property, the need for financial support or the protection of assets as separate can take most of the conflict out of the divorce process.
Occasionally, the opposite occurs. A prenuptial agreement may make litigation necessary, as the terms included in the agreement are imbalanced and unfair, especially given the context of marital circumstances.
Can one spouse contest a prenuptial agreement on the basis of it being an unfair contract?
Unconscionable contracts may be invalid
Prenuptial agreements are essentially contracts signed by engaged couples. They are subject to many of the same legal standards as other contracts. For example, the contract should provide protection and benefits to both parties. Every party signing a contract should receive something of valuable consideration.
Unconscionable terms are among the most common reasons that people successfully litigate to challenge prenuptial agreements. If one spouse can clearly show that the terms included in the initial agreement protect one spouse at the expense of the other, the courts may agree that the imbalanced contract is unconscionable and therefore unenforceable.
Especially in cases where the spouse making the biggest concessions did not have separate legal representation before signing the prenuptial agreement, they may be in a position to fight back and pursue a fair divorce outcome.
Reviewing a prenuptial agreement with a lawyer can help people evaluate their options. A lawsuit contesting a document’s validity can sometimes help people secure fair divorce outcomes.
